› Whether extension of time after expiry annuls act of bankruptcy
Bankruptcy
› Statutory construction
› Section 41(6A) Bankruptcy Act 1966
› Conditions precedent to jurisdiction
Bankruptcy
› Practice and procedure
› Inherent power of court
› Slip rule
Quick Take
1Section 41(6A) of the Bankruptcy Act 1966 confers jurisdiction to extend the time for compliance with a bankruptcy notice after the original or extended time has expired, provided that before the expiration of the time originally fixed, either proceedings to set aside the underlying judgment have been instituted or an application to set aside the bankruptcy notice has been filed
2An order extending time for compliance made after expiry of the original or extended period operates to enlarge the overall time allowed, with the result that what would otherwise have constituted an act of bankruptcy no longer does — the court need not possess a separate power to annul an act of bankruptcy
3Notwithstanding the absence of a specific slip rule in the Bankruptcy Rules, a court exercising bankruptcy jurisdiction retains inherent power to correct errors in its orders, including where the error is attributable to a failure by counsel or a party to draw the court's attention to a necessary matter such as extending time when a hearing is adjourned
Case Details
Citation[1981] FCA 123
Reported(1981) 54 FLR 253(1981) 37 ALR 211
CourtFCA
JurisdictionCommonwealth
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